Pursuant to N.J.S.A. 40:61-22.20, places of
resort are hereby established in this municipality for the public
health, recreation and entertainment, including boardwalks, beaches,
bathing and recreational facilities safeguards and equipment. The
following locations are hereby designated as such places of resort:

At the oceanfront upon all of the lands owned by the
municipality fronting on the Atlantic Ocean, in those portions of
a tract of land sometimes known as “Ocean Avenue, “together
with the lands east of and adjacent thereto in the municipality wherein
the municipality has ownership, easement rights or the right to use
and occupy the same.

All lands owned by the municipality bounded by Elizabeth
Avenue on the south, State Highway 35 South on the east, Jersey City
Avenue on the north and Baltimore Avenue on the west, commonly known
as the ”Municipal Ballfield.”

The municipality shall acquire, construct, use and
maintain such boardwalks, beaches, bathing and recreational facilities,
safeguards and equipment as shall be necessary for the proper establishment
and maintenance of said places of resort.

The municipality shall have the right and authority
to purchase, rent or otherwise acquire lifeboats, ropes, poles and
other safeguards and equipment for the recreation, protection and
safeguard of those persons utilizing the said places of resort.

The municipality shall have the right to protect
said places of resort from erosion, encroachment and damage by sea
or otherwise and to construct and maintain public boardwalks, walks
and approaches thereto.

In order to provide funds to improve, maintain and
police said places of resort, protect the same from erosion, encroachment
and damage by the sea or otherwise and provide facilities and safeguards
for public bathing and recreation, including employment of lifeguards
and the purchase and maintenance of rescue and first-aid equipment,
the following registration fees shall be charged and collected for
the use of the oceanfront and bayfront beaches, bathing and recreational
facilities of same:

Editor's Note: Pursuant to Ord. No. 2014-08 (1133), adopted 12-8-2014, the fees for full-season badges for persons over age 65, persons with disabilities, disabled veterans and military service personnel on active duty, which formerly appeared in Subsection A(5), were moved to Subsection A(4).

For the use of any municipally owned tennis court
during the bathing season: $5 per hour; however, no fees shall be
charged to or collected from children 12 years of age and under for
use of any municipality-owned tennis courts. No fees shall be charged
to or collected from any person under the age of 18 years of age for
use of any municipally owned tennis courts during the bathing season
Monday through Friday, between the hours of l:00 p.m. and 3:00 p.m.
Admission to and use of the municipally owned tennis courts during
these hours shall be limited to persons under 18 years of age, except
one adult over 18 years of age paying the regular fee may accompany
one child under 18 years of age.

For each boat beached or stored in an area designated
by the Borough on the municipally owned bayfront: $100. Payment of
the fee required by this subsection shall be in addition to payment
of any other fees required by this section. Each boat shall bear a
decal issued by the municipality as evidence of registration. The
decal shall be valid for the duration of the bathing season in which
it is issued. The Borough may remove from the municipality-owned bayfront
any boat which has not been properly licensed or which remains beached
or stored on the municipality-owned bayfront after October 31 of any
year and store the same. In such event the owner shall, in addition
to any applicable penalty or fine, pay to the Borough the costs of
removal and storage as provided in this article.

For each boat docked or moored at the municipal pier
located at the westerly terminus of Jersey City Avenue: $1,100 per
season. These facilities shall be made available to permanent residents
or property owners of the Borough prior to the commencement of the
bathing season. On or after the first day of the bathing season, facilities
shall be available to any person making application therefor.

All boats beached or moored pursuant to Subsection A(8) and (9) shall be registered with the State of New Jersey, and proof thereof must be presented in order for a permit to be issued to the applicant. The permit shall be issued in the name of the owner of the boat and shall not be transferable to any other boat. Only one boat may be beached or moored in any space or boat slip. No beach or slip may be used for commercial purposes.

In the event that a boat is removed from the municipality-owned
bayfront or municipal pier because it has not been properly licensed
or it remains beached, stored or moored after the expiration of the
period covered by the permit, the Borough shall be entitled to be
paid $50 for removing the boat and $10 for each day it is stored after
being removed.

The Borough of Lavallette Borough Council recognizes that commercial for-profit individuals and business entities have increasingly sought to use such places of resort for activities which encourage physical well-being and healthy competition against oneself and other participants. However, the use of such public facilities and places of resort has increasingly placed a strain on municipal resources, including employee overtime, cleanup expenses and maintenance expenses. A permit shall be required to be obtained by any commercial for-profit organization or individual for the use of any of the places of resort set forth in § 7-1A through E for any commercial for-profit activity such as a lesson, class, school, race or competition, time trial, triathlon or biathlon, and regardless of whether such commercial or for-profit activity is offered on a regular or irregular schedule and regardless of whether such commercial or for-profit activity is conducted on a single day or on a series of days.

The commercial
for-profit applicant for a permit shall complete an application stating
the principal office of the application and describing the activity(ies)
proposed to be conducted and the date(s) and time(s) thereof, the
number of expected participants, and the name, telephone number and
e-mail if known of the person or persons who will in charge of conducting,
the activity(s) on the date(s) and time(s) of the proposed event.
The Borough may impose additional information requirements in the
application from time to time, including but not limited to a waiver
of insurance subrogation.

The commercial
for-profit applicant for a permit shall provide a certificate of insurance
for the activity described in the application naming the Borough of
Lavallette as an additional insured, or a confirmation that the commercial
for-profit applicant has insurance for the activity(s) described in
the application which covers the Borough of Lavallette for any general
risk.

The commercial for-profit applicant shall require that all of its participants shall obtain a minimum of daily use beach permits as described in § 7-9A if the participant will be present on any place of resort requiring a beach badge, in addition to the application and permit activity fees set forth herein.

The commercial
for-profit applicant shall pay the fees for the application as otherwise
required, including but not limited to any deposit for cleanup and/or
damages, and in addition shall pay a permit activity fee of 10% of
gross revenues collected for the activity(s). Such additional fee
shall be paid by the commercial for-profit applicant within 10 days
of the last date of the event and shall be paid into the general revenue
of the Borough of Lavallette.

The Borough
Council, by resolution in January of each year subsequent to the year
of adoption of this subsection and its effective date, may adjust
the percentage of gross revenue set forth in § 9-7F without
enacting a revised ordinance, but in no case shall the percentage
of gross revenue be adjusted more than 1% at any time.

An applicant for use of a facility for an event may apply for a permit
to allow one or more food trucks to participate in the event. The
applicant shall list all food trucks intended to be located at the
event in the facilities use application. The applicant must provide
the following information on a separate sheet attached to the facilities
use application for each food truck:

Proof of valid insurance policy that provides liability coverage
against any claims or damages of any kind at the event and names the
Borough as an additional insured and provide a copy of such policy
to the Borough at the time of the application.

Food trucks shall be located at least 10 feet away from the
nearest building, provided that a mobile vending unit may be located
closer than 10 feet to a building if the location has been approved
in writing in advance by the Borough Fire Chief.

No liquid waste or grease is to be disposed of in tree pits,
storm drains or onto the sidewalks, streets, or other public space.
Under no circumstances shall grease be released or disposed of in
the Borough's sanitary sewer system.

With the exception of commercial for-profit permits issued pursuant to § 7-9F, it shall be a violation of this section for any person, firm, corporation or other entity to sell, or otherwise exchange for money or other valuable consideration, any privilege, right, interest, badge, ticket, license or other tangible evidence issued by the Borough pursuant to § 7-9 authorizing the use of the oceanfront and bayfront beaches, bathing and recreational facilities.

No person, other than a child under the age of 12
years, shall use said beaches at any time without having on his or
her person, and prominently displayed at all times, a badge, ticket
or other evidence of the right to use said beaches.

Any person, firm or corporation that shall be convicted
of a violation of a provision of this section shall, upon conviction
whereof by any court authorized by law to hear and determine the matter,
be subject to a fine of no less than $100 and no more than $1,000,
imprisonment not to exceed 90 days or community service of not more
than 90 days, or any combination of fine, imprisonment and community
service, as such court in its discretion may impose. Each day that
such violation exists shall constitute a separate offense.

Throw, drop or pass out any wastepaper, garbage or other refuse or sell any food, drink or confection on any beach. Notwithstanding this provision, properly licensed vendors may sell food, drink or confection from motor vehicles in Municipal Parking Lot Nos. 1, 2, 3 and 4, provided that such vehicles obtain a parking sticker and pay the fee established in Article IV of Chapter 89, Vehicles and Traffic.

Play ball or other game or engage in any activity
which will endanger another person or interfere with the enjoyment
of the quiet use of said places of resort by another person. The playing
or practicing of golf is prohibited at the municipal ball field, "Chandler
Field," located at the intersection of Baltimore and Jersey City Avenues.
However, the Mayor and Council of the Borough of Lavallette, by resolution,
may designate areas of the beaches for the use of those persons desiring
to engage in beach volleyball. The Mayor and Council of the Borough
of Lavallette may from time to time prohibit or change the location
of the beach volleyball areas, designate the hours of use of said
area or otherwise act as the public welfare may require. Any area
designated for beach volleyball purposes shall be posted at the Borough
Beach Badge Office. All persons playing beach volleyball shall display
a valid beach badge. The playing of beach volleyball is solely at
the risk of the players, and the Borough of Lavallette shall not be
responsible for any injuries sustained during the playing of beach
volleyball or the failure of any person to properly use, erect or
remove any equipment or remove any debris from the volleyball area.

Ride or operate a surfboard in any area of the beaches
not designated for that purpose. The governing body of the municipality,
by and through its Beach Committee acting as its agent and representative,
shall designate areas of the beaches for the use of those persons
desiring to engage in surfing. In these areas, no bathing or fishing
shall be permitted while said areas are being used for surfing. The
use of the designated surfing areas shall be subject to the control
and supervision of the Beach Committee. The said Committee may from
time to time change the location of the surfing areas, designate the
hours of use of said area and adopt such other regulations for the
management thereof as the public welfare may require. Any area designated
for surfing purposes shall be so posted. All other beach areas shall
be posted with signs indicating that surfing is prohibited, except
in those areas specifically designated for that purpose.

Conduct or engage in any beach party, picnic or similar
outing, take any alcoholic beverage upon said places of resort, take
or consume any food or beverage in said places of resort, other than
nonalcoholic beverages in cans or plastic containers, nor take an
hibachi or any other portable cooking device upon said places of resort.

Take or permit an animal, as defined in Chapter 6, Animals, on said places of resort. An animal may be taken or permitted to be on the municipal boardwalk at all times other than the usual bathing season as established pursuant to § 7-9B of this chapter, provided that the animal is secured by a leash or lead maintained by the owner or custodian of the animal.

Operate any type of motor vehicle, motor-driven vehicle
or motor-assisted vehicle on the municipal beach from May 1 through
and including September 15 and on Saturday or Sunday from September
16 through and including September 30. The “municipal beach”
shall be defined as all lands east of the municipal boardwalk and
west of the low water mark of the Atlantic Ocean.

No person shall take, ride or operate any type of
motor vehicle, motor-driven vehicle or motor-assisted vehicle upon
the municipal beach without a valid vehicle permit issued by the Borough.
The “municipal beach” shall be defined as all lands east
of the municipal boardwalk and west of the high water mark of the
Atlantic Ocean. Under no circumstances shall any person take, ride
or operate any type of motor vehicle, motor-driven vehicle or motor-assisted
vehicle upon the municipal beach in areas designated as off-limits
for public safety purposes as authorized by the Mayor, Borough Council
or Chief of Police.

A permit fee of $35 shall be paid to the Borough.
The permit shall be valid for the calendar year in which it is issued.
The motor vehicle may only be operated on the municipal beach between
October 1 and April 30 and on weekdays between September 16 and September
30.

An application shall be compiled and filed on forms
to be provided by the Police Department, which shall require the applicant
to disclose the vehicle license plate number, name and address of
the insurance company, owner’s driver’s license number
and such other information as may be deemed necessary by the Police
Department.

A permit shall only be issued for the operation of
a four-wheel motor vehicle. No permit shall be issued to any vehicle
which is designated or equipped for sleeping or living purposes, which
vehicles are commonly referred to as “campers,” “camp
trailers,” “camp buses” or “trucks with camper
bodies.”

The motor vehicle to be registered shall be insured
pursuant to the provisions of N.J.S.A. 39:6A-1 et seq. (Compulsory
Automobile Liability Insurance -- No-fault Provisions) and N.J.S.A.
39:6B-l et seq. (Compulsory Motor Vehicle Insurance), or comparable
insurance provisions if the vehicle is registered in a state or territory
other than New Jersey.

The motor vehicle shall be equipped with a towing
chain or device, shovel, tire pump, jack, spare tire, fire extinguisher,
flashlight and first aid kit. The vehicle shall be subject to a safety
inspection to be conducted by the Lavallette Police Department. The
safety inspection shall assure compliance with the provisions of N.J.S.A.
39:3-3 et seq.

The decal or pennit issued by the Borough shall be
permanently affixed on the driver’s side rear window. A vehicle
which has no driver’s side rear window shall have the sticker
permanently affixed to the left rear side of the vehicle body.

Permitting disabled motor vehicle to remain on the
municipal beach for a period in excess of 24 hours. The owner or operator
of any disabled motor vehicle shall be required to notify the Police
Department that the vehicle is disabled and provide such information
as may be deemed necessary by the Police Department. Such notification
shall be made to the Police Department within two hours of the vehicle
being disabled.

Take or ride any bicycle upon the boardwalk fronting
on the Atlantic Ocean, except during those hours designated for that
purpose by the Mayor and Council of the Borough of Lavallette, except
for Borough employees where necessary for the completion of their
duties.

Launch, beach, place or store, whether temporarily
or permanently, or bring any motorized vessel or personal watereraft
onto the ocean or bay beaches, except at launching ramps designated
by the municipality.

Take, permit or possess a closed container, cooler, thermos bottle or any similar container, bottle or object on said places of resort, unless such person shall allow an authorized agent or representative of the municipality to inspect the contents of such container, cooler, bottle or object. It is the intention of this provision to allow an agent or representative of the municipality to inspect the contents of such containers so that the provisions of Subsection G may be enforced at places of resort. Signs informing beach patrons of the inspection requirement and the option to not bring such container, cooler, bottle or object on said places of resort shall be posted at the entrances to such places of resort.

Place, carry, transport or store, whether temporarily
or permanently, any container containing gasoline on the ocean beaches,
bay beaches or the municipal ballfield known as “Chandler Field”
located at the intersection of Baltimore and Jersey City Avenues.
No vehicle, vessel, personal watercraft or other machinery which requires
gasoline to operate shall be permitted to be refueled at any places
of resort at any time.

Umbrellas with a collapsible circular shade that are less than eight
feet in diameter stretched over hinged ribs radiating from a center
pole no greater than six feet in height are permitted, provided that
the same have no grounding lines, ropes, or sides attached to the
shade or center pole.

Canopy-style sunshades which are no greater than 10 feet by 10 feet
without side walls or screens are permitted on the beach. Permitted
canopy-style sunshades shall be placed no less than 15 feet apart
from another canopy-style sunshade.

All umbrellas, baby tents and canopies shall be secured so as to
prevent uncontrolled movement of the device by wind or other natural
force. If secured with fasteners, stakes, weights, or the like, all
shading devices shall be secured so as to prevent any danger to other
beach patrons. Anchoring lines, tethers, or the like shall not extend
beyond the perimeter of the shading device.

No umbrella, baby tent, canopy, or other beach shade device shall
be placed in an area that obscures a lifeguard's view of the
ocean or is located in an area that impedes a lifeguard's egress
from a lifeguard stand, as determined by the lifeguard alone.

Umbrellas, canopies or other beach shade devices with side walls
and screens, cabanas, pavilions, temporary restroom facilities, or
similar devices or any materials mounted on supports are prohibited,
except as permitted herein or in connection with a Borough-approved
special event or ceremony.

Statement of purpose and intent. The New Jersey Legislature enacted
legislation entitled "An Act Concerning Smoking in Public Places,
Supplementing Title 26 of the Revised Statutes and Amending N.J.S.A.
2C:33-13," also known as A-2368 of 2017, which permits a municipality
to enact a no-smoking ordinance as an alternative to N.J.S.A. 2C:33-13
which is not preempted by the state and which may be enforced as a
civil penalty in the municipal court. The Borough of Lavallette recognizes
the well-known health and safety risks and hazards posed by smoking
and second-hand smoking as enumerated by the State Legislature at
N.J.S.A. 26:3D-56 and finds that it is within the public interest
to prohibit smoking on the public beach, sunbathing area, and surrounding
boardwalk areas. Further, the Borough of Lavallette has determined
that the public interest is served in preventing the youth and elderly
from being exposed to the use of tobacco products. Finally, the Borough
of Lavallette finds that the appearance of the Borough's beach
areas and boardwalks can be enhanced, sea life can be protected, and
the limited resources of the Borough's Department of Public Works
can be conserved if smoking were to be banned from such areas, thereby
preventing ongoing and continued smoking-related litter, typically
generated by smoke, cigarette butts, ashes, and packaging.

Such times as shall be established annually by resolution of the governing body in each calendar year pursuant to § 7-14 when the beach and places of resort designated in § 7-1A and B shall be kept open.

The burning of, inhaling from, exhaling the smoke from, or
the possession of, a lighted cigar, cigarette, pipe, or any other
matter or substance which contains tobacco or any other matter that
can be smoked, or the inhaling or exhaling of smoke or vapor from
an electronic smoking device.

Smoking prohibited on beaches during beach season. Any person who
engages in smoking or who carries lighted smoking material on any
beach during beach season as defined herein is in violation of this
subsection.

Penalties. A person violating this subsection shall be assessed a
civil penalty of no less than $50 or more than $200, which shall be
recovered in a civil action by a summary proceeding in the name of
the Borough of Lavallette pursuant to the Penalty Enforcement Law
of 1999, P.L. 1999, c.274 (N.J.S.A. 2A:58-10 et seq.). The Municipal
Court of the Borough of Lavallette shall have jurisdiction of proceedings
for the enforcement of the penalty provided by this subsection.

"No smoking" signs or the internationally recognized no-smoking
symbol consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a diagonal red line through its cross
section, shall be clearly and conspicuously posted at each entrance
onto the beach.

The no-smoking signage shall be located so as to be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited in that area. The sign shall also indicate that violators are subject to a fine pursuant to § 7-11X.

Nothing contained in this article shall in any
way be construed to interfere with the rights of ingress and egress
of any person desiring to use so-called Ocean Avenue in going to and
from any private property fronting on Ocean Avenue to a public street
running perpendicular thereto to the immediate north or south of such
private property.

Nothing herein contained shall be construed
to effect a dedication of the lands referred to herein as “Ocean
Avenue” as a public highway or for any use contrary to or different
from the municipal use heretofore made thereof.

Any person, firm or corporation that shall be convicted
of a violation of a provision of this article shall, upon conviction
whereof by any court authorized by law to hear and determine the matter,
be subject to a fine of no less than $100 and no more than $1,000,
imprisonment not to exceed 90 days or community service of not more
than 90 days, or any combination of fine, imprisonment and community
service, as such court in its discretion may impose. Each day that
such violation exists shall constitute a separate offense.

In addition to the above penalty, any person operating
a motor vehicle in violation of the rules and regulations applying
to the operation of motor vehicles on the municipal beach shall be
subject to suspension or revocation of the operator's permit issued
by the Borough. For the first offense, an operator's permit shall
be suspended for 30 days. The second offense will cause the revocation
of the operator's permit.

The person to whom an operator's permit is issued
shall be required to produce the operator's permit to the Municipal
Court Clerk at the time of hearing on a complaint under this article
or upon entry of any guilty plea. This shall be required in order
to facilitate the suspension or revocation of the operator's permit
as herein provided.

The Lavallette Police Department and/or its authorized
agents shall have the authority to impound any motor vehicle, motor-driven
vehicle or motor-assisted vehicle operated in violation of any regulation
established for the operation of motor vehicles on the municipal beach.

Any person, firm or corporation that shall be
convicted of a violation of a provision of this article shall, upon
conviction whereof by any court authorized by law to hear and determine
the matter, be subject to a fine of no less than $100 and no more
than $1,000, imprisonment not to exceed 90 days or community service
of not more than 90 days, or any combination of fine, imprisonment
and community service, as such court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense.